Terms of Service

Ammended as of 09/096/2018 - Ammended physical server section.

Ammended as of 08/18/2016 - Please be aware before approving any orders we will more than likely request proof of your identity. This includes but not limited to providing us with a picture id and you holding it.

Ammended as of 05/31/2016 - All potential clients will be reviewed via spam and scammers reporting sites. Said clients orders can and will be canceled and refunded if any reports are found.

Ammended as of 05/31/2016 - Paypal payments MUST be made via verified paypal accounts and must match the email you signed up with, unless other arrangements are made with Insomnia Hosting ..

Important Legal Agreements

Insomnia Hosting provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of Insomnia Hosting are subject to the following terms of service:

Indemnification Policy

All potential clients will be reviewed via spam and scammers reporting sites. Said clients orders can and will be canceled and refunded if any reports are found. FPlease be aware before approving any orders we will more than likely request proof of your identity. This includes but not limited to providing us with a picture id and you holding iturther more /b>

You agree to use all Insomnia Hosting services and facilities at your own risk. Insomnia Hosting specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Insomnia Hosting be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.

Customer agrees that it shall defend, indemnify, save and hold Insomnia Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Insomnia Hosting, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Insomnia Hosting against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with Insomnia Hosting's server.

Insomnia Hosting reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from Insomnia Hosting's server. Insomnia Hosting shall be the sole judge of what violates this Policy.

Billing

We accept Visa, Master Card, American Express, Discover Card Via Verfied Paypal For all hosting plans we will not setup your account without any payment. Clients are encouraged to pay by paypal as it is the easiest way to handle payment at this time. Their are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise. Paypal payments MUST be made via verified paypal accounts and must match the email you signed up with, unless other arrangements are made with Insomnia Hosting ..

Late Payments

This applies to Virtual Account

All accounts are billed according to the dates they were first activated on. If you will not pay for service renew in 3 days after due date, your account will be suspended. There will be an additonal late fee of $25.00 on the fourth day that will be due in order to continue service. If you do not pay for service renew in 30 days after due date, your account will be terminated.

This applies to Cololation (physical servers)

All accounts are billed according to the dates they were first activated on. If you will not pay for service renew in 3 days after due date, your account will be suspended. There will be an additonal late fee of $100.00 on the fourth day that will be due in order to continue service. If you do not pay for service renew in 15 days after due date, your account will be terminated. 30 days after due date if bill has not been paid or physical server has not removed from cololation center, the server will be assumed abandoned and becomes property of Insomnia Hosting

Acceptable Use Policy

All services provided by Insomnia Hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Insomnia Hosting and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all Insomnia Hosting servers. This includes sites that include sexually explicit or hardcore images and/or advertising.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.

Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.

Limitation of Liability

Insomnia Hosting shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Insomnia Hosting servers going off-line or being unavailable for any reason whatsoever. Furthermore, Insomnia Hosting shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Insomnia Hosting servers. All damages shall be limited to the immediate termination of service.

Disclaimer

Insomnia Hosting cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Insomnia Hosting are resold. Thus, certain equipment, routing, software, and programming used by Insomnia Hosting are not directly owned or written by Insomnia Hosting. Moreover, Insomnia Hosting holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Insomnia Hosting sees fit. FURTHERMORE, Insomnia Hosting retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.